Being an Expert Witness

Being an expert witness involves several key skills according to the Accounting Professional and Ethical Standards Board (APESB) (2008) which forensic accountants must undertake in order to qualify to be an expert witness. The new standard for forensic accountants since 1 July 2009 has been APES 215 which provides greater certainty and consistency for business and the accounting profession in how professional accountants provide forensic accounting services (New standards for forensic accountants, 2009). 

The most detrimental aspect of being an expert witness is to have acquired specialised training, study or experience, as outlined in item 3.12 of APES 215. Additionally Rasmussen and Leauanae (2004) highlights that years of prior experience in forensic cases, training and education are the most important characteristic of an expert.

In additional to such training, study and experience, research has highlighted that more skills are required and a only a certain type of mindset is suitable. Rasmussen and Leauanae (2004) have highlighted that charisma is necessary to be a good expert. Additionally Hoffman, Finney, Cox and Cooper (2007, p.15) have said that appearing in court to present an expert opinion requires an attitude and approach without being either too aggresive or over-confident. 

In reference to Rasmussen and Leauanae and Hoffman, et al’s finding, Korney (2006) highlights that forensic accountants are more like sleuths and that such a mindset, which other specialisations such as audit and tax lack, are essential to becoming a successful forensic accountant and subsequently an effective expert. Additionally DiGabriele (2008) has highlighted in an empirical study that the key skills to being a forensic accountant include both verbal and non-verbal communication along with detective analysis and critical thinking skills. Finally Steward (2008) found that knowledge and an understanding of the law and court system and essential in an expert in addition to being able to communicate complex accounting data clearly and concisely to the court. 

Singleton, Singleton, Bologna and Lindquist (2006) highlight personal qualities which forensic accountants and expert witnesses require, these are; team worker, trustworthiness and integrity, professionalism, quality of work, professional demeanor, the ability to easily explain technical issues and mannerisms and idiosyncrasies.

Another key aspect of being an expert witness is to understand what the key duties are. APESB (2008) have highlighted in item 5.4 of APES 215 the specific duties which apply to providing an expert witness service. The summary of these duties is outlined below:

·         The paramount duty to the court which overrides any duties to the client or employer;

·         A duty to assist the court on matters relevant to the member’s area of expertise in an objective and unbiased manner;

·         A duty not to be an advocate for a party;

·         A duty to make it clear to court when a particular question or issues fall outside the member’s expertise.

Further Reading:

Accounting Professional and Ethical Standards Board. (2008). APES 215 Forensic Accounting Services, item 3.12 – Professional competence and due care. Retrieved from: http://www.publicaccountants.org.au/media/32890/apes%20215%20standard_1.pdf  

DiGabriele, J. (2008). An empirical investigation of the relevant skills of forensic accountants. Journal of Education for Business, 83(6), 331-338. Retrieved from: http://search.proquest.com.au.ezp01.library.qut.edu.au/docview/202824008

Hoffman, R., Finney, W., Cox, P., & Cooper, K. (2007). The forensic accountant as an expert witness: a basic guide for forensic accouning. Sydney, NSW: CCH Australia Limited

Korney, A. (2006). Accountants’ day in court. Accounting Today, 20(15), 1 and 30. Retrieved from: http://search.proquest.com.ezp01.library.qut.edu.au/docview/234454856  

New standards for forensic accountants. (2009). Intheblack, 79(2), 45. Retrieved from: http://search.proquest.com.ezp01.library.qut.edu.au/docview/211279933

Singleton, T., Singleton, A., Bolognia, J., & Lindquist, R. (2006). Fraud auditing and forensic accounting (3rd Ed). Hoboken, New Jersey: John Wiley & Sons Inc

Rasmussen, D., & Leauanae, J. (2004). Expert witness qualifications and selection. Journal of Financial Crime, 12 (2), 165-171. Doi: 10.1108/13590790510624954

Stewart, F. (2008, October 14). Accountants eye forensics. The Advertiser. Retrieved from: http://search.proquest.com.ezp01.library.qut.edu.au/docview/354927167